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HomeMy WebLinkAbout06/10/1999CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 10th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Roland ; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Police Chief Erickson, Assistant to the City Administrator Grawe, Code Enforcement Officer Hammerstad, Park & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, and Public Works Director Miranowski. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag led by Girl Scouts who were recipients of Gold and Silver Awards. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. GIRL SCOUT AWARDS Mayor Hamann-Roland introduced Girl Scouts from the community who achieved Gold and Silver Awards this year. They were congratulated by the Council and presented Certificates of Commendation. They were: Gold Awards; Emily Jane Filipas, Emily Tremain, and Concetta Franco; Silver Awards; Katie Dougherty, Molly Maistrovich, Julie Miller, Nicole Moulzolf, Jackie Omelian, Jennifer Steinbaugh, Melissa Swanson, and Kristin Zingler. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one was present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the meeting of May 27th, 1999, as written. Ayes - 4 - Nays - 0 (Erickson Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1999 Page 2 MOTION: of Sterling, seconded by Grendahl, proclaiming June 14, 1999, as “Flag Day” and urging all citizens to “Pause for the Pledge”, at 6:00 p.m., on that date, and recite the Pledge of Allegiance to the Flag. Ayes - 5 - Nays - 0. Resolution No. 1999-111 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $250.00 from Bonestroo, Rosene, Anderlik & Associates, Inc.; for use by the Parks and Recreation Department towards sponsorship of programs and activities. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the duties established for Crossing Guards at pedestrian crosswalks as attached to the Park & Recreation Director’s memo dated June 7, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-112 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, on July 8, 1999, at 8:00 p.m., on the application of Applebee’s Neighborhood Grill & Bar for On-Sale and Sunday Liquor Sales Licenses, on premises located in Cedar Marketplace Addition. Ayes - 5 - Nays - 0. Resolution No. 1999-113 MOTION: of Sterling, seconded by Grendahl, adopting approving special assessment divisions identified as: No. 22289, Fischer/City Pond property; No. 22296, DJD Addition; No. 22377, Fischer Market Place; No. 22545, Tousignant’s Prairie Crossing; and No. 22651, Tousignant’s Prairie Crossing. Ayes - 5 - Nays - 0. Resolution No. 1999-114 MOTION: of Sterling, seconded by Grendahl, adopting approving a Conditional Use Permit for a four-story multiple family building on Lot 2, Block 1, Pahl’s Garden Lots, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-115 MOTION: of Sterling, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit to Haight Construction for a four-story apartment building on Lot 2, Block 1, Pahl’s Garden Lots; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1999-116 MOTION: of Sterling, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-107, Pahl’s Garden Lots Trunk Sanitary Sewer Improvements. Ayes - 5 - Nays - 0. Resolution No. 1999-117 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for a Trailer-Mounted Diesel Standby Generator Set, for the Utilities Department, and authorizing advertising for receipt of bids, at 2:00 p.m., on June 29, 1999. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1999 Page 3 Resolution No. 1999-118 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for a Diesel Standby Generator Set and Installation at Fire Station No. 1, and authorizing advertising for receipt of bids, at 2:00 p.m., on June 29, 1999. Ayes - 5 - Nays - 0. Resolution No. 1999-119 MOTION: of Sterling, seconded by Grendahl, adopting awarding the lease-purchase of a Fairway Mowing Unit and Sprayer System, for Valleywood Golf Course, to MTI Distributing, the low bidder, in the total amount of $64,152.45. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 4 to the contract with Ryan Contracting, Inc., for Project 98-538, Carroll Center 4th Addition Improvements, in the amount of an additional $6,929.50. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdi vision financial guarantees for: Car-X, from $3,125.00 to 0; and Office Max, from $11,550.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement for Reconditioning Light Poles and Fence Post Supports with Budget Sand Blasting & Painting, Inc., as attached to the Public Works Supervisor’s memo dated June 3, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement for Recondi tioning Fence Sections with Budget Sand Blasting & Painting, Inc., as attached to the Public Works Supervisor’s memo dated June 3, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Midwest Coca- Cola Bottling Company for beverage service at the Aquatic Center, Teen Center, and Johnny Cake Ridge Athletic Complex, as attached to the Park & Recreation Director’s memo dated June 7, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Sanders Wacker Bergly, Inc., for a GIS Program and Records Storage for Lebanon Cemetery, as attached to the Public Works Director’s memo dated June 7, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing the position and recruitment for a City Planner as listed in the Personnel Report dated June 10, 1999. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1999 Page 4 MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated June 10th, 1999. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA TAX INCREMENT FINANCING AMENDMENTS Jim O’Meara, the City’s Tax Increment Counsel, reviewed a proposed amendment to Tax Increment Financing District No. 7 for property on which Northwest Airlines Federal Credit Union proposes to construct a 120,000 square-foot office building. The site is located south of 147th Street and east of Glazier Avenue. Amendment of the Master Development Program will allow for reimbursement of a maximum of $3,573,470.00 of tax increment financing, over ten years, for utility, site preparation and parking improvements. Mayor Hamann-Roland called the public hearing to order, at 8:13 p.m., to consider Master Development District amendments, and noted receipt of the affidavit of publication of the hearing notice. She asked for questions or comments from the Council and public; there were none. The Council received a letter, dated June 8, 1999, along with Dakota County Board Resolution No. 99-326, in response to the proposed amendments. The hearing was declared closed at 8:14 p.m. Resolution No. 1999-120 MOTION: of Goodwin, seconded by Grendahl, adopting approving Development District and Tax Increment Financing Amendments for Northwest Airlines Federal Credit Union, re-including parts of Apple Valley Commercial Addition in Tax Increment Financing District No. 7, and allowing assistance not to exceed $3,573,470.00. Ayes - 5 - Nays - 0. 1999 SPECIAL ASSESSMENT ROLL 461 Mayor Hamann-Roland called the public hearing to order, at 8:15 p.m., on the Special Assessment Roll No. 461 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz reviewed the assessment roll, totaling $62,183.33, for delinquent utility charges, and noted that no written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:16 p.m. Resolution No. 1999-121 MOTION: of Sterling, seconded by Erickson, adopting approving and levying 1999 Special Assessment Roll No. 461, in the total amount of $62,183.33. Ayes - 5 - Nays - 0. PROJECT 99-104, 152ND STREET CONSTRUCTION CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1999 Page 5 Mayor Hamann-Roland called the public hearing to order, at 8:17 p.m., to consider Project 99- 104, 152nd Street Construction Between Garrett Avenue and Galaxie Avenue, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report for the street with sidewalk on both sides. When Apple Valley Ford Addition was platted, agreements to provide the right-of-way and accept assessments for the cost were executed. The Mayor asked for questions or comments from the Council and the Public. There were none. The Council received a letter, dated June 8, 1999, from Hertz Corporation, a tenant on property abutting the street, objecting to the project. Mr. Gretz said the objection relates to payment for the project and is an issue between Hertz, as a tenant, and the property owner. There were no other comments and the hearing was declared closed at 8:19 p.m. Resolution No. 1999-122 MOTION: of Goodwin, seconded by Grendahl, adopting ordering installation of Project 99-104, 152nd Street Construction Between Garrett Avenue and Galaxie Avenue. Ayes - 5 - Nays - 0. EAST TRUNK STORM SEWER & FARQUAR LAKE OUTLET Mayor Hamann-Roland called the public hearing to order, at 8:20 p.m., to consider Project 99- 512, East Trunk Storm Sewer; and Project 99-823, Farquar Lake Outlet Force Main; and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report. The East Trunk construction will include a pond in the CAMAS gravel mining operation and will coincide with its reclamation. Construction will begin in fall and be ready for use in Spring 2000. The Farquar Lake outlet includes increasing capacity of the lift station and installing a force main from 140th Street to a pond south of 144th Street. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:27 p.m. Resolution No. 1999-123 MOTION: of Erickson, seconded by Grendahl, adopting ordering installation of Project 99-512, East Trunk Storm Sewer; and Project 99-823, Farquar Lake Outlet Force Main. Ayes - 5 - Nays - 0. COMPREHENSIVE PLAN UPDATE Mr. Kelley reviewed his memo, dated June 7, 1999, concerning the Planning Commission’s recommendation on additional information requested by the Metropolitan Council for the Comprehensive Plan. In its review of the update, several issues were raised requiring responses; they included, Recreation Open Space, Water Resources Management, Transportation, and Land Use. Review and approval of the Plan should be accomplished by mid to late summer. CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1999 Page 6 Resolution No. 1999-124 MOTION: of Sterling, seconded by Grendahl, adopting affirming the City’s intention to implement the Individual Sewage Treatment Program Resolution No. 1999-125 developed by the Metropolitan Council; and approving submission of additional information for the updated Comprehensive Plan to the Metropolitan Council as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE LICENSING & REGULATING TOBACCO PRODUCTS Mr. Dougherty commented on the procedures required to establish new regulations related to tobacco and tobacco products. The Council held the required hearing at its May 27, 1999, meeting and requested further information which is contained in the memo dated June 7, 1999. Police Chief Erickson said the provision of the ordinance prohibiting anyone under the age of 18 years from selling tobacco products has caused concern for retailers by limiting their pool of potential employees. The age of the seller is not an enforcement problem for the Department. In past compliance checks, there were no violations by any one under 18 selling to other under 18- year olds. If the restriction were removed and compliance became a problem, the ordinance could be amended to include it. Councilmember Goodwin said he believes it would be unfair for the Council to place a restriction on individuals under 18 years of age when the state has not done so. The critical issue is making sure no one under 18 purchases tobacco and cigarettes. MOTION: of Erickson, seconded by Goodwin, amending original Ordinance No. 657, Section 12-42 by deleting subparagraph 2, prohibiting sales by person under the age of 18 years; amending original Ordinance No. 657, Section 12-43(1) by adding “or fulfilling his or her duties as an employee of the licensee making the sale”; and Ordinance No. 657 readopting , adding Article III in Chapter 12 of the City Code, regulating the sale, possession and use of tobacco, tobacco products and tobacco related devices. Lina Reinders, of Dakota County Community Health, was present and reviewed the list of cities in Dakota County which have enacted their own ordinances. None of these ordinances, including the County’s, prohibit any one under 18 from selling tobacco products. She reviewed a sample of the form the County will be using in reporting results of compliance checks and the data base it will be compiling. Mayor Hamann-Roland asked that the Police Department work with the County and provide information on its compliance checks to broaden the data base. Ms. Reinders said the State has adopted the same reporting system and will use it to compile comparative statewide statistics. CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1999 Page 7 Vote was taken on the motion. Ayes - 5 - Nays - 0. DOWNTOWN MUNICIPAL GOVERNMENT COMPLEX Mr. Gretz reviewed his memo, dated June 7, 1999, concerning completion of the Downtown Municipal Government Complex. The Council reviewed schematics, at its informal meeting, for addition of City Hall to the Law Enforcement Facility to complete the complex at 147th Street and Galaxie Avenue. Cost estimates, totaling $7,136,300, prepared by Cording-Nawick-Hilbert Architects, were also reviewed. Councilmember Sterling said when the Police Facility was constructed, the Council indicated it would consider building a City Hall, to complete the site, when funding was available. The City is now at that point and it can be constructed without bonding for the cost. The estimated cost of $106.00 per square foot is very reasonable compared to other public buildings. The schematics show a plan for a building that the City will be able to use for the long term. Mayor Hamann- Roland agreed and said she would like to see the project move forward. MOTION: of Sterling, seconded by Hamann-Roland, approving the City Hall building design schematics, prepared by Cording-Natwick-Hilbert Architects, for completion of the Downtown Municipal Government Complex and authorizing proceeding with construction at an expenditure not to exceed $7,200,000.00 for the project. Ayes - 4 - Nays 1 (Goodwin). CITY ADMINISTRATOR POSITION Ms. Margarit commented on the process to recruit an individual to fill the position of City Administrator due to the retirement of Mr. Gretz. Panel interviews were conducted with six applicants and all concurred that Tom Lawell was the best qualified candidate for the position. The Council interviewed Mr. Lawell on June 9, 1999. MOTION: of Goodwin, seconded by Sterling, approving offering the position of City Administrator to Thomas Lawell. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, directing Staff to negotiate with and prepare an employment agreement with Thomas Lawell for the position of City Administrator. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated June 7, 1999, with a calendar listing upcoming events. Councilmember Grendahl thanked the Parks & Recreation Department for hosting an opening ceremony for the Outdoor Family Aquatic Center on June 4, 1999. CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 1999 Page 8 Mayor Hamann-Roland noted that several Principals are retiring from School District 196. They are Gary Embretson, Dennis Pregler, and Patrick Sullivan. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Erickson, to pay the claims and bills, check registers dated June 2, 1999, in the amount of $2,788,865.98; and June 9, 1999, in the amount of $3,198,865.56. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:08 o’clock p.m.